The Senate changes the case law on maximum suspension term
The Senate changes the case law on maximum suspension term
Employment, Management Agreements
2013 — 03 — 25

COBALT represented employer in a case in which the Senate, sitting in en banc composition, adjudicated issue related to permitted maximum term of suspension of employee from work. The Senate reversed the judgment of the court of appeal whereby the court had partially satisfied the claim of a former employee.

The Senate stated that, in a situation where the employer has brought a claim for termination of employment contract due to circumstances on the grounds of which the employee has been suspended from work, the maximum period for suspension set forth in the Labour Law does not apply. The judgment effectively changes the case law whereby it had been acknowledged that the fact of bringing a claim for termination of employment agreement is not sufficient to suspend the employee from work for more than three months.